Divorce divorce mediation is a major focus at Colorado Mediators & Arbitrators.  We enjoy working with couples who are addressing the initial divorce process or modifying existing parenting plans, child support, and other support orders.

Restructuring a family is possibly the most challenging event in one's life, with the impact extending from the domestic arena into all areas.  Decisions made at the early stages of this transition will impact every aspect of life moving forward:  the physical space and safety in the home, psychological stability, standing in the community, children's stability and relationships in their communities, family-owned business, finances, and retirement.

It is crucial to make wise decisions and to craft a reasonable strategy for addressing this transition.  Mediation should be a primary consideration when the goal is fairness and fair process.  Being as gracious as possible during the negotiation helps to maintain respect and control.  Mediation utilizes financial resources wisely.  

Colorado Mediators & Arbitrators works with couples who wish to restructure their family into new, complete units; where everyone in the family benefits from conserved financial resources, respect for the needs of parents and children, control over family matters, and options moving forward.  

We encourage couples considering a divorce or modification to existing court orders to try to reach agreement through mediation as an initial step.  Mediation is favored by Colorado Courts and is generally ordered when there are outstanding contested maters, whether parties are pro se (representing themselves) or have retained legal counsel.   Protections for parties and the process are built into the Memorandum of Understanding through the use of a Legal Review Provision.

Mediation Resolves Conflicts while Preserving Relationships; enhancing the possibility of a more tranquil, restructured family life.

Comprehensive Denver Divorce Mediation Services

Colorado Mediators & Arbitrators offer a comprehensive approach to divorce, covering the following focus areas:  

•     Division of Debts & Assets
•     Parenting Plans / Modify Parenting Plans (previously called custody)
•     Child Support / Modify Child Support
•     Maintenance Agreements (previously called alimony)
•     Division of Family-Owned Businesses

Colorado Courts Favor Mediation

When divorcing spouses or parents disagree about the terms of the divorce or modifications after divorce, Colorado domestic courts routinely require couples to attempt to agree through mediation before setting a hearing for final orders. This is true whether or not the parties are represented by attorneys.  Mediation is frequently ordered by the court in contentious domestic matters to determine whether agreement can be voluntarily reached before the judge imposes a decision.

• Confidentiality: Unlike legal proceedings which are of public record, mediation is a discreet and private process.   It maximizes family dignity in resolving disputes.

• Mediated Agreements are Voluntary:  Participants cannot be compelled to agree on any issue. Partial agreements may be reached in mediation, leaving any unresolved matters open for the court to rule on.

Mediator’s Role

Expectations about the Mediator’s role vary widely.  Colorado Mediators & Arbitrators' program is designed to settle disputes so that the parties do not have to litigate. 

• The mediator is neutral and does not advocate for either spouse's interests.  Rather, the mediator advocates fairness and fair process, assisting the couple to acheive a balanced and fair agreement to meet the needs of all involved (parents and children alike.)
   
• The mediator proposes options for settlement and guides couples in addressing all areas to create a complete agreement.  Drawing on extensive experience in working with other couples and seeing the pitfalls of a bad or incomplete agreement, we are able to address and resolve areas of concern both in creating an initial agreement and in modifying existing orders.  At times the parties cannot agree on all matters, and a partial agreement is reached, leaving areas of disputed matters to be decided by the court.
   
• The mediator provides a safe environment to discuss issues.  Mediation is confidential, and the mediator may not be subpoena'd in a future court action to reveal conversations that took place in mediation (i.e. proposed agreements that were not adopted into the final Memorandum of Understanding or MOU; discussions about character or personal habits of the parents, financial disclosures discussed in mediation, etc.)  An exception to confidentiality is that the mediator must report any actual harm or threat of harm to either of the spouses or the children involved.
   
• The mediator assists the couples with paperwork necessary to complete the process of the initial divorce or modification of existing orders (parenting plans and child support worksheets.)  The mediator writes the Memorandum of Understanding or MOU with the parties when they are pro se or representing themselves without an attorney present in mediatoin.  If an attorney is present, either the mediator or the attorney may act as the scribe for the MOU.
   
• The mediator may not give legal advice.  We encourage couples to include a Legal Review provision in a signed MOU that describes the process of gaining an attorney's legal opinion and the written challenge to a provision or provisions contained in the signed Memorandum.

Mediation Process

• Preparation: The mediator helps the participants to prepare for mediation by giving a list of all relevant and necessary information and documentation to bring to the mediation session in order to create accurate and complete agreements.

• Homework:  Parties are given specific homework to complete between mediation sessions in order to facilitate the timely completion of necessary agreements.  The Sworn Financial Statement [2] and Sworn Financial Schedules [3] are required by the Colorado Courts.  Completing these prior to mediation saves time in session.  However, parties may also complete these in session if they prefer. 

• Please contact us [4] if you have questions about preparation for mediation.

Pro Se Divorce

While Denver Divorce Services encourages parties to seek legal counsel, it is clear that people make the decision to retain legal counsel or not, based on a variety of factors. An American Bar Association study of self-represented litigants showed:

• About 20% of self-represented litigants report they can afford an attorney but choose to represent themselves because they feel they have more control over the process.
• Self-represented persons are more likely to be satisfied with the judicial process than those who are represented by attorneys
• Almost 75% of those who represented themselves in court said they would do it again